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35 U.S.C. § 301Citation of prior art and written statements

submitted 46 years ago by Pub. L. 96-517 to r/title-35-PATENTS · 299 words · no verdicts yet

in plain englishAI-generated · not legal advice

Anyone can send the Patent Office prior art — existing patents or publications — that might affect whether a patent claim is valid, or written statements the patent owner made about a claim's scope in court or Office proceedings. If the person explains how the material applies, it becomes part of the patent's official file, though its later use is limited to certain proceedings. A person submitting material can also ask to keep their identity confidential.

(a) In General — At any time, anyone may cite to the Office, in writing, (1) prior art — patents or printed publications — that they believe bears on whether a claim of a particular patent is valid, or (2) statements the patent owner filed in a proceeding before a federal court or the Office, taking a position on how broad a claim of a particular patent is. (b) Official File — If the person citing the prior art or written statements under subsection (a) explains, in writing, how it applies to at least one claim of the patent, that citation and explanation become part of the patent's official file. (c) Additional Information — A party submitting a written statement under subsection (a)(2) must also include any other documents, pleadings, or evidence from the proceeding where the statement was filed that address that statement. (d) Limitations — A written statement submitted under subsection (a)(2), and any additional information submitted under subsection (c), may only be considered by the Office to determine the proper meaning of a patent claim, and only in a proceeding ordered or instituted under section 304, 314, or 324. If such a statement or information is covered by a protective order, it must be redacted to remove information covered by that order. (e) Confidentiality — If the person citing prior art or written statements under subsection (a) requests it in writing, that person's identity must be excluded from the patent file and kept confidential.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Any person at any time may cite to the Office in writing—

(1)

prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent; or

(2)

statements of the patent owner filed in a proceeding before a Federal court or the Office in which the patent owner took a position on the scope of any claim of a particular patent.

(b)Official File.—

If the person citing prior art or written statements pursuant to subsection (a) explains in writing the pertinence and manner of applying the prior art or written statements to at least 1 claim of the patent, the citation of the prior art or written statements and the explanation thereof shall become a part of the official file of the patent.

(c)Additional Information.—

A party that submits a written statement pursuant to subsection (a)(2) shall include any other documents, pleadings, or evidence from the proceeding in which the statement was filed that addresses the written statement.

(d)Limitations.—

A written statement submitted pursuant to subsection (a)(2), and additional information submitted pursuant to subsection (c), shall not be considered by the Office for any purpose other than to determine the proper meaning of a patent claim in a proceeding that is ordered or instituted pursuant to section 304, 314, or 324. If any such written statement or additional information is subject to an applicable protective order, such statement or information shall be redacted to exclude information that is subject to that order.

(e)Confidentiality.—

Upon the written request of the person citing prior art or written statements pursuant to subsection (a), that person’s identity shall be excluded from the patent file and kept confidential.

Source credit: (Added Pub. L. 96–517, § 1, Dec. 12, 1980, 94 Stat. 3015; amended Pub. L. 112–29, § 6(g)(1), Sept. 16, 2011, 125 Stat. 311.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-517 · 94 Stat. 3015
  • 2011Amended · Pub. L. 112-29 · 125 Stat. 311

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-517 on 1980-12-12.

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